hr73_LC_14_9926_a_2.html
09 LC 14 9926
House Resolution 73
By: Representative Franklin of the 43rd

A RESOLUTION


Proposing an amendment to the Constitution of the State of Georgia so as to remove provisions relative to decisions of the Court of Appeals and Supreme Court binding other courts and thereby provide that persons who are not parties to judicial actions shall not be bound by decisions therein; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article VI, Section V of the Constitution is amended by revising Paragraph III as follows:
"Paragraph III. Jurisdiction of Court of Appeals; decisions binding. The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents."

SECTION 2.
Article VI, Section VI of the Constitution is amended by striking in its entirety Paragraph VI which reads as follows:
"Paragraph VI. Decisions of Supreme Court binding. The decisions of the Supreme Court shall bind all other courts as precedents."

SECTION 3.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"(  )  YES
(  )  NO

Shall the Constitution of Georgia be amended so as to remove provisions relative to decisions of the Court of Appeals and Supreme Court binding other courts and thereby provide that persons who are not parties to judicial actions shall not be bound by decisions therein?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.